Robinson v. Moark-Nemo Consolidated Mining Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. Two. — Hon. David E. Blair, Judge. (1) The court erred in permitting defendants over plaintiff’s objection to‘prove a contract of Reynolds with Moark-Nemo Company for sale of tailings off the ground, as it did not tend to prove or disprove the issues between plaintiff and defendants.
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Appeal from Jasper County Circuit Court, Division No. Two. — Hon. David E. Blair, Judge. (1) The court erred in permitting defendants over plaintiff’s objection to‘prove a contract of Reynolds with Moark-Nemo Company for sale of tailings off the ground, as it did not tend to prove or disprove the issues between plaintiff and defendants. (2) Defendants Cook and Bendelari being the managers of the Moark-Nemo Mining Company and controlling its mining operations, the trespass of said company could only be committed by its servants, and employees, and all of them being under the control of Cook…
1Dissent
DISSENTING OPINION.
ROBERTSON, P. J. — In
the trial of this case no declarations of law were asked or given; neither were there any objections, to testimony that are urged here. "We held in our original opinion that this being the situation the position of the plaintiff here resolved itself into the contention that the court should have directed a verdict in his behalf, and this, we held, under the facts in this case, could not be done. I am yet of the opinion that we were correct in that holding. [Stoepler v. Silberberg, 220 Mo. 258, 269, 119 S. W. 418; Cousins v. White, 246 Mo. 296, 309, 151…
2Cases cited20 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Johnson v. GraysonSupreme Court of Missouri · 1910
- Link v. JacksonMissouri Court of Appeals · 1911
- Stoepler v. SilberbergSupreme Court of Missouri · 1909
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